Continental Parlor 3 Hilton San Francisco and Towers Ballroom Level
Section on Defamation and Privacy Lili Levi, University of Miami, Chair
Vantage Points On Coercing Privacy
Moderator:
Lili Levi, University of Miami
Speakers:
Anita L. Allen-Castellitto, University of Pennsylvania C. Thomas Dienes, The George Washington University Linda C. McClain, Hofstra University Margaret Jane Radin, Stanford Law School Joel R. Reidenberg, Fordham University Pamela Samuelson, University of California at Berkeley Jeff Sovern, St. John's University
Eugene Volokh, University of California at Los Angeles [View Program Material]
Liberals often say that privacy is an aspect of freedom. But is privacy an alienable or an inalienable aspect of freedom? To what extent should privacy be used as a means to restrict the freedom to speak about others? These questions are increasingly important today as individuals face new, technology-driven pressures to alienate privacy rights and interests in information and to waive privacy for the sake of entertainment, publicity, celebrity and cooperation with public safety, public health and law enforcement measures. Are individuals dangerously threatening to destroy their own privacy by virtue of exhibitionism, indifference, and profit-seeking? Is there a role for the government (or non-governmental collective normative authority) in enforcing and reinforcing privacy? Should there be restrictions on the alienability of privacy in the marketplace? If so, why and how should we think about such limits? If not, how should the market operate?
The first half of our panel will set up the contending privacy-protective and market oriented points of view on these questions. The second half of the panel will consist of reactons to the coercing privacy debate from the vantage points of property theory, tort theory, law and economics, and feminist legal theory.